Denies meddling, threat allegations
(Eagle News)–Solicitor General Jose Calida has declined to appear before the Senate hearing on ABSCBN’s franchise scheduled today, May 19, as he defended himself against allegations hurled against him.
In declining the invitation, a statement from Calida’s office noted that the issues on the alleged violations of ABSCBN of its franchise, and the possible extension of the franchise, which were to be discussed in the Senate hearing, were sub judice, as these were the “lis mota” of the petition for quo warranto he filed before the Supreme Court.
The statement added Calida was also the representative of the National Telecommunications Commission in the petition for certiorari and prohibition filed by ABSCBN also before the High Court.
In any case, the statement said Calida welcomes the initiative of Senator Sherwin Gatchalian and Speaker Alan Peter Cayetano in beginning the process of whether or not a legislative franchise will be granted to ABSCBN.
It said said the move was consistent with his position that under Republic Act No. 3846 and PD No. 576-A, a franchise is required to operate radio and television stations in the country, and that Congress has the exclusive and plenary power to grant that franchise in the form of a statute.
“The actions of the Solicitor General show that he is not at loggerheads with Congress. There has been no equivocation on his part,” the statement said.
No SolGen meddling: OSG
The statement also denied Cayetano’s allegations the SolGen “unconstitutionally meddled in the exclusive powers of Congress” and “chose to remain silent for close to two months and on the eve of the opening of Congress, come out with threats to the NTC.”
The statement said warning and cautioning a client, the NTC, was not the same as threatening.
In the first place, the statement said Calida never mentioned the name of Cayetano or any congressman in his April 30 letter to the NTC and his subsequent press release.
The statement added Congress was set to tackle pending bills for the issuance of new franchises to ABSCBN Corp. and ABSCBN Convergence, so the letter “merely formalized the verbal advice given to the NTC” before that date.
“Actually, the Solicitor General acted with circumspection, because voicing out his concerns to Congress without being requested by it would have constituted meddling in its affairs apart from the fact that its issues he is raising are sub judice,” the statement said.
As to why Congress was not informed, the statement added there was “no rule requiring the Solicitor General to give notice to a different branch of government of an internal communication intended for a client in the executive branch.”
It added “in a strict sense, a lawyer-client communication is confidential in nature, which the Solicitor General is sworn to uphold.”
ABSCBN Corp.’s franchise expired on May 4, prompting the NTC to issue a cease and desist order against the media company.